Richardson v. . Thurber
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the first judicial department entered upon an order made March 5, 1886, which affirmed a judgment in favor of defendant, entered upon an order sustaining demurrer to plaintiffs’ complaint.
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Appeal from, judgment of the General Term of the Supreme Court in the first judicial department entered upon an order made March 5, 1886, which affirmed a judgment in favor of defendant, entered upon an order sustaining demurrer to plaintiffs’ complaint. The complaint alleged in substance the recovery of judgment in favor of plaintiffs against defendants, Herron and Spencer, and the return of execution thereon unsatisfied; that after the contraction of the debt upon which the judgment was rendered the debtors made an assignment for the benefit of creditors, and that defendant, Thurber, was by…
1Opinion of the CourtFinch, J.
The question involved in this controversy is, in some respects, so close and evenly balanced as to have produced conflicting opinions in the Supreme Court and drifted very able judges into disagreement. Either view of the problem seems open to some just criticism on the part of its adversaries, and the principal merit of our judgment upon the question will be that it is final, and settles the rule to be observed.
In 1884 the general statute regulating assignments by insolvent debtors was amended so as to provide that “ in all assignments made in pursuance of this act the wages or salaries…
2Cited by18 opinions
- Berger v. . VarrelmannNew York Court of Appeals · 1891
- Roberts v. . TobiasNew York Court of Appeals · 1890
- In re SlomkaCourt of Appeals for the Second Circuit · 1903
- Strom v. PeikesCourt of Appeals for the Second Circuit · 1941
- In Re the Accounting of SheldonNew York Court of Appeals · 1903
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